Mines Safety and Inspection Regulations 1995

Transcription

1 Western Australia Mines Safety and Inspection Act 1994 Mines Safety and Inspection Regulations 1995 As at 20 Jul 2010 Version 05-c0-01

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3 Western Australia Mines Safety and Inspection Regulations 1995 CONTENTS Part 1 Preliminary 1.1. Citation Commencement Terms used Exemption if substantial compliance Exemption if compliance unnecessary or impracticable 5 Part 2 Administration Division 1 Inspectors 2.1. Issue of receipt for things taken Designation of regions to which employee s inspectors are appointed Election of employee s inspectors Performance of employee inspector s functions 7 Division 1A Improvement notices, prohibition notices and provisional improvement notices 2.4A. Prescribed requirements for sections 31AK, 31AL and 31BK(1) of the Act 7 Division 2 Safety and health representatives 2.5. Prescribed procedure for resolution of disputes Introductory courses for safety and health representatives 9 As at 20 Jul 2010 Version 05-c0-01 page i

4 Contents 2.6A. Training courses for qualified representative under section 31BF 12 Division 3 Board of Examiners Subdivision A Preliminary 2.7. Terms used 13 Subdivision B Constitution and proceedings 2.8. Constitution Mine manager s and underground supervisor s certificates Constitution Quarry manager s certificate Constitution Underground coal mine certificates Constitution Winding engine driver s certificate Procedure if body fails to nominate Appointment of members Vacation of office Deputies Chairperson Quorum Meetings Voting Examination of applicants 16 Subdivision C Issue of certificates of competency First class mine manager s certificate Quarry manager s certificate Underground supervisor s certificate Deputy s certificate Restricted quarry manager s certificate Classes of winding engine driver s certificates Winding engine driver s certificate Class I Winding engine driver s certificate Class II Board may restrict certificate Applications Fees Register of certificates Replacement certificates 28 Subdivision D Requirements to hold certificates of competency Person not to act as shift supervisor or deputy without certificate 29 page ii Version 05-c0-01 As at 20 Jul 2010

5 Contents Person not to act as underground manager without certificate Person not to act as quarry manager without certificate Person not to operate winding engine without certificate 31 Part 3 Management of mines Division 1 Exploration operations 3.1. Application of Division Prescribed place at which record book is to be kept Provision of information earth disturbing operations Provision of information other operations Remedial work Training of persons Suitable equipment to be provided Entry into disused mine workings Drilling and excavation operations 34 Division 2 Notification of commencement or suspension of mining operations Term used: notification Notification to be in writing General details to be included in notification Project management plan to be provided for mine operations Details to be included in notification of suspension Details to be included in notification of recommencement Details to be included in notification of abandonment 37 Division 2A Further requirements for record book entries under section 38(2), (4) and (6) 3.16A. Matters to be recorded 38 Division 3 Inspection of workplaces Terms used Registered manager to ensure inspections carried out in accordance with this Division 39 As at 20 Jul 2010 Version 05-c0-01 page iii

6 Contents Inspection of workplaces in quarry operations Inspection of underground workplaces in coal mines Inspection of other underground workplaces Inspection of other workplaces 41 Division 4 Health surveillance Subdivision A Preliminary Terms used 41 Subdivision B Health surveillance system Effect of Subdivision Initial health assessment Periodic health assessment Additional health assessment Biological monitoring Categories of employees who do not require health surveillance Employer responsible for arranging health surveillance 46 Subdivision C Information on health surveillance Medical practitioner to provide results of health assessment Department to keep records Mines occupational physician Health surveillance records to be confidential records Employee may request a copy of record Employer may find out whether employee has previously been assessed Confidentiality Notice of occupational disease Remedial action 49 Division 5 Notice of accidents Requirements if notice in writing Monthly status report form 50 Division 6 Surveys and plans Term used: Board Mines Survey Board Authorised mine surveyor s certificate grades 52 page iv Version 05-c0-01 As at 20 Jul 2010

7 Contents Requirement to hold authorised mine surveyor s certificate Issue of authorised mine surveyor s certificate Instruments and accuracy Datum station and co-ordinator Particulars required in mine plans When plans must be provided to State mining engineer Form of plans Plan of scene of fatal accident 58 Part 4 General safety requirements Division 1 General 4.1. Protective clothing and equipment Confined spaces Hot work procedures Guards and handrails Fall arrest equipment Conveyor haulage safety Intoxicating liquor or drugs Weather protection Debris in open cut working Safety signs Flood protection Use of compressed air Induction and training of employees Training in safety procedures relating to the use of helicopters Roll over protection for surface earth moving machinery Seat belts for vehicles English language requirements 69 Division 2 Construction work Term used: construction work Division does not apply to underground construction work Construction work to be carried out by competent persons Appointment of responsible person and supervisors 70 As at 20 Jul 2010 Version 05-c0-01 page v

8 Contents Compliance with Australian Standards 71 Division 3 Emergency preparation Terms used First aid equipment to be provided Resuscitation equipment First aid personnel First aid vehicles Information about first aid Additional first aid equipment Preparation of emergency plan Emergency exits to be provided for surface operations Emergency lighting Mine rescue equipment for underground mines Self rescuers in underground mines Procedures for accounting for persons in underground mines Specific emergency precautions required to be taken for underground mines Flammable materials or explosives not to be stored near mine openings 79 Part 5 Electricity in mines 5.1. Terms used Notice of intention to install electricity supply Installations and equipment to be in accordance with Australian Standard Hazardous areas Unauthorised access Interference or damage Switching on or cutting off of electrical supply Working space Electrical work to be carried out by licensed persons Electrical supervisors Duties of electrical supervisor Defects to be reported Records to be kept Details of electrical installing work Fire extinguishers 86 page vi Version 05-c0-01 As at 20 Jul 2010

9 Contents Main switches Notices to be displayed High voltage installations Installation of cables Cable coverings Trailing cables and reeling cables Signals and telephones Earthing systems Earth leakage protection Electric trolley wire systems Lightning protection Maintenance of electrical equipment Overhead powerlines Isolation of equipment Labelling of equipment Cables installed in the ground Earth continuity protection and monitoring 95 Part 6 Safety in using certain types of plant in mines Division 1 Preliminary 6.1. Terms used 96 Division 2 General duties relating to items of plant 6.2. Plant to be maintained and operated in a safe manner Designer to identify hazards associated with plant and to assess risks Designer to reduce identified risk of exposure Designer to provide information Manufacturer to identify hazards and to assess and reduce risks if designer is outside jurisdiction Hazard identification during manufacturing process Manufacturer to reduce risk of exposure to identified hazards Importer to identify hazards and to assess and reduce risks if both designer and manufacturer are outside the jurisdiction Importer to reduce risk of exposure to hazards 108 As at 20 Jul 2010 Version 05-c0-01 page vii

10 Contents Importer to provide information as to intended use and other safety information Supplier s duties Supplier to provide safety information Duties of person becoming supplier through hiring or leasing arrangement Installer or erector to identify hazards associated with plant and to assess risks Installer or erector to reduce risks identified Employer to identify hazards associated with plant and to assess risks Employer to reduce risks identified Person to provide design information to design contractor Employer s duties in relation to installation, maintenance etc. of plant Employer to prevent unsafe use of plant Employer s duties when plant is damaged or repaired Employer s duties when design of plant is altered Employer s duties when dismantling, storing or disposing of plant Employer s duties to keep records Plant under pressure Plant with moving parts Plant with hot or cold parts Electrical plant and plant exposed to electrical hazards Industrial robots etc Lasers 122 Division 3 Classified plant Application Design, construction and testing of plant Registration of plant Repair or modification of plant Reporting of incidents affecting registered plant Requirements for operators and drivers Plant load or capacity not to exceed manufacturer s specifications Prohibition on damage or removal of guards etc. 128 page viii Version 05-c0-01 As at 20 Jul 2010

11 Contents Plant to be used only if inspected 128 Part 7 Occupational health Division 1 Noise control 7.1. Terms used All measurements to be as if ear unprotected Action level for noise Noise to be reduced as far as practicable Reduction of noise Personal hearing protectors Duty to inform, instruct and train persons about hearing risks Noise report to be prepared Additional noise report to be prepared Noise reports Duties after noise report is prepared 133 Division 2 Hygiene and sanitation Sanitation facilities Toilet facilities Prevention of pollution of workings Waste timber and other materials not to accumulate underground Stagnant water not to accumulate underground Eating places Drinking water Change rooms 137 Division 3 Hazardous substances Terms used Material safety data sheets Containers to be appropriate Disposal of containers Labels Register of hazardous substances Enclosed systems Risk assessment Means of reducing risk of exposure to hazardous substances Workplace atmospheric contaminant monitoring to be provided Health surveillance 142 As at 20 Jul 2010 Version 05-c0-01 page ix

12 Contents Part 8 Explosives Division 1 Preliminary 8.1. Terms used 143 Division 2 General 8.1A. Explosives, requirements in relation to Division does not apply to underground coal mining Underground magazines Lights Faulty explosive in a magazine Removal on closure of mine Smoking prohibited Handling and transport Storage of detonators Detonator capping station Safety fuse burning rate Safety fuse length Drilling precautions underground Drilling precautions surface mining operations Charging operations underground Charging operations surface mining operations Firing warnings underground Firing warnings surface mining operations Firing times underground Firing times surface mining operations Special blasts underground Fly rock surface mining operations Firing with safety fuse Electrical firing Testing electrical firing circuits Electrical blasting accessories Electric detonators Electric firing circuits Mains firing, connection of faces Firing during electrical storms Mains firing Blasting agent charging holes Suspension of work following firing Misfires 167 page x Version 05-c0-01 As at 20 Jul 2010

13 Contents Suspension of work underground misfires Suspension of work misfires in surface mining operations Time interval and inspection Remedial action refiring Misfires using safety fuse Failed refiring surface mining operations Burning without exploding Recharging of holes Blasting under water Term used: relevant procedure Blasting in hot material Blasting in oxidising or reactive ground Demolition blasting 172 Part 9 Ventilation and control of dust and atmospheric contaminants 9.1. Terms used Determination of different exposure standard Ventilation officer to be appointed Qualifications of ventilation officer Duties of ventilation officer underground Duties of ventilation officer surface mining operations Ventilation log book Ventilation system defects to be rectified Abrasive blasting equipment Crushing and processing plant Exposure standards Control of atmospheric contaminants Sampling of atmospheric contaminants Air in underground workplaces Air temperature Air sources Suppression of dust drilling operations Water used to suppress dust must not be polluted Use of dust collection and dust suppression appliances Ventilating fans and equipment 187 As at 20 Jul 2010 Version 05-c0-01 page xi

14 Contents Control of air distribution underground Fumes from blasting Wetting down after blasting Compressed air underground Air conditioning and refrigeration Tailings filled stopes atmospheric contaminants Ventilation system may be cut off in disused areas Ventilation plans for underground mines Monitoring of toxic, asphyxiant and explosive gases Protection of employees from chemical fumes Smoking prohibited in certain workplaces Removal of asbestos A. Asbestos not to be used Control of contaminant asbestos Electric vehicles underground Preparation of dust plan for underground coal mine Barriers in underground coal mines Stone dust quality in underground coal mines 201 Part 10 Specific requirements for underground mines Division 1 Application Application of Part 202 Division 2 General Term used: flame safety lamp plan Underground workers must read and speak the English language Persons under 18 years of age not to be employed underground Persons working alone Lamps for persons underground Preparation of flame safety lamp plan for underground coal mines Naked flames prohibited in underground coal mines Possession of matches and lighters prohibited in underground coal mines Means of entry and exit Stope to have 2 travelling ways 207 page xii Version 05-c0-01 As at 20 Jul 2010

15 Contents Workers to be withdrawn if danger exists Excavations to be kept safe Lights in working levels etc Communication surface to underground Levels to have safe entry Shaft entrances to be fenced Approaching dangerous water Dams and plugs Winze sinking operations Rise operations Travelling ways in shafts Travelling ways to be made safe Travelling ways to have safety nooks Ladderways and footways Ladderway in shafts Procedures when workings are approaching each other Geotechnical considerations Sulphide dust ignitions Shift communications Chute and pass safety precautions Record of persons underground Reflective material on clothing Shrinkage stoping or development Vertical opening safety procedures 222 Division 3 Loading and transport Terms used Trackless units maintenance Trackless units braking systems Trackless units condition of haulage way Trackless units traffic control Unattended trackless units Maintenance of trackless units Trackless units with restricted vision must have warning signal Rail haulage plan Remote controlled equipment Overhead protection on underground mining equipment 228 As at 20 Jul 2010 Version 05-c0-01 page xiii

16 Contents Division 4 Diesel units Terms used Diesel engines only to be used Flame proofing of diesel engines in underground coal mines Registration of diesel units used underground Specifications and testing of diesel units Ventilating air requirements for diesel unit operations Exhaust treatment device Undiluted exhaust gas sampling Opacity of exhaust emission Testing costs, methods and equipment Records Fuelling and servicing Fire suppression Fuel transport and storage 240 Part 11 Winding, winding ropes and signals Division 1 Preliminary Terms used 241 Division 2 Provisions applicable to all winding operations Application of Division Notice of intention to install winding system Approval of winding system Testing Notice of intention to repair or modify winding system Approval of repair or modification Winding engine log book Winding engines shift records Winding engine to be available Testing of hoist drivers Winding engine drivers to have medical examinations Winding engine drivers not to work for more than 8 hours Winding engine power required 250 page xiv Version 05-c0-01 As at 20 Jul 2010

17 Contents Power cut off Indicators and gauges Speed control Brakes Persons or material not to be lowered by the brake Stop switch Driver not to be spoken to while on duty Hoist controls Acceleration control Control selection Push button controls Cage to be supported when repairs are being carried out Prevention of overwind Backing out devices Winding engine fire precautions Signalling system Code of Signals Code of Signals to be displayed Signals to be known Signals to be clear and correct Signals to be returned Communication by voice restricted Shaft guides Winding ropes specifications Winding ropes history Winding rope log book Winding ropes records Winding ropes splicing Winding ropes capping Winding ropes factors of safety Winding ropes and guide ropes discard Winding ropes maintenance Guide ropes and rubbing ropes Hoist inspection Winding installations inspection Shaft conveyances coupling Shaft conveyances testing after repairs Shaft conveyances overhead protection Shaft conveyances design and construction 271 As at 20 Jul 2010 Version 05-c0-01 page xv

18 Contents Shaft conveyances embarking and disembarking facilities Cages to be used in shafts Use of ore skip by persons Persons not to travel with material Cage and skip attachments design Cage and skip attachments records 275 Division 3 Drum winding operations Application of Division Ropes factors of safety Ropes testing and maintenance Ropes lubrication Flanges on drums Drum and head sheave diameters Drum winder brakes Rope detaching appliances Drum winding in single gear Cage safety, appliances and testing 281 Division 4 Friction winding operations Application of Division Ropes factors of safety Ropes testing Ropes period of service Ropes testing after discarding Ropes dressing restricted Ropes splicing prohibited Ropes tension adjustment Arresting devices Driving sheave Deflection sheave Friction winder brakes Rope detaching appliances Synchronizing devices Slip and direction indicators Loading limitations Cage chairing devices Overwound conveyance arrester Shaft sump to be kept clear Inspection of shaft sump 290 page xvi Version 05-c0-01 As at 20 Jul 2010

19 Contents Part 12 Shaft sinking Application of Part Relationship to Part New shaft sinking operations Approval of shaft sinking operations Use of crane Alternative means of travel Factors of safety Inspection and maintenance of ropes Monkeys, crossheads and other conveyances Kibbles and attachments Overfilling of kibbles or skips Interlocking Firing Pentices Timber bearer sets Protection Warning of obstruction Signals Hoisting and lowering of shaft sinking stage 298 Part 13 Surface mining operations Application of Part Motor vehicle brakes Motor vehicle safety equipment Loading precautions Dumping precautions Lighting Bench widths and open pit roads Geotechnical considerations Precautions in working faces and benches Sluicing operations Restriction of access Stockpile safety precautions Stockpile tunnel exits Sand pits Mine boundaries 310 Part 14 Dredging Term used: dredge 312 As at 20 Jul 2010 Version 05-c0-01 page xvii

20 Contents Application of Part Dredges to be approved Approval of use of a dredge Approval of repairs or modifications Dredging operations and maintenance Life saving appliances Head lines, side lines and mooring lines Illumination 316 Part 15 Railway operations Terms used Application of Part Main line limits and yard limits Operating rules Employees to know operating rules and signals Railway vehicle driver to be competent Issue of certificate Certificate Suspension or cancellation of certificate Medical examinations Tracks and structures Locomotives and equipment to be safe Unauthorised persons not to ride on trains Railway vehicle driver to remain in control Propelling by locomotive Railway vehicle movements Railway vehicle movement orders Centralized traffic control systems Signals 330 Part 16 Radiation safety Division 1 Preliminary Terms used 331 Division 2 Mining and processing of radioactive material Application of Division State mining engineer may exempt mine Authorised limits Dose constraints Results of baseline monitoring program 335 page xviii Version 05-c0-01 As at 20 Jul 2010

21 Contents Preparation of radiation management plan Radiation management plan to be complied with Radiation safety officer Defects Notification Supervised areas and controlled areas Conditions for young persons Designated employees Reduction of doses Control of exposure to radiation Respiratory protective equipment Dose limits employees Dose limits members of the public Interpretation of dose limits Approval of different dose limit Pregnant employees Assessment of doses Reporting of results of dose assessment Records Reporting of certain matters to State mining engineer Approval for removal of radioactive material Approval to use imported radioactive minerals Storage of monazite, thorium, uranium or xenotime concentrate Stockpile management Disposal of waste material Best practicable technology Discharges Long term waste management 348 Division 3 Use and storage of radiation sources and irradiating apparatus in mines generally Application of Division Use of sealed radiation sources and irradiating apparatus Audit of sealed radiation sources and irradiating apparatus 352 As at 20 Jul 2010 Version 05-c0-01 page xix

22 Contents Part 17 Miscellaneous General penalty Repeal 353 Schedule 1 Election of employee s inspectors 1. Terms used Request for election Conduct of elections Notice of election Nominations Withdrawal of nominations Candidates elected unopposed Insufficient candidates Fixing of date of election Elections to be held by postal ballot Electoral roll Ballot papers Issue of ballot papers Ballot box Scrutineers The scrutiny Method of count Informal ballot papers Recount of ballot papers Declaration of result Disputes Destruction of election papers Fees and costs of the election 364 Schedule 2 Fees Schedule 3 Maximum periods of inspection of registered classified plant Notes Compilation table 368 page xx Version 05-c0-01 As at 20 Jul 2010

23 Contents Defined Terms As at 20 Jul 2010 Version 05-c0-01 page xxi

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25 Western Australia Mines Safety and Inspection Act 1994 Mines Safety and Inspection Regulations Citation Part 1 Preliminary These regulations may be cited as the Mines Safety and Inspection Regulations Commencement These regulations come into operation on the day on which the Mines Safety and Inspection Act 1994 comes into operation Terms used In these regulations, unless the contrary intention appears AS followed by a designation refers to the Australian Standard having that designation that is published by the Standards Association of Australia 2 and includes a reference to that standard as at the commencement day; AS/NZS followed by a designation, refers to the Australian/New Zealand Standard having that designation that is published jointly by Standards Australia and Standards New Zealand; Australian Design Rule or ADR means (a) in relation to a vehicle manufactured before 1 July 1988, a design rule contained in the publication titled As at 20 Jul 2010 Version 05-c0-01 page 1

26 Part 1 Preliminary r. 1.3 (b) Australian Design Rules for Motor Vehicle Safety 2nd Edition as at the commencement day, issued by the Commonwealth Department of Transport; and in relation to a vehicle manufactured on or after 1 July 1988, a design rule contained in the publication titled Australian Design Rules for Motor Vehicles and Trailers 3rd Edition as at the commencement day, issued by the Commonwealth Department of Transport and Communications; certificate means a certificate of competency; Class I winding engine driver s certificate means a certificate issued under regulation 2.27; Class II winding engine driver s certificate means a certificate issued under regulation 2.28; Code of Signals means the Code of Signals referred to in regulation 11.31; commencement day means the day on which these regulations come into operation; dangerous goods has the same meaning as in the Dangerous Goods Safety Act 2004; Department of Occupational Safety and Health means the department of the public service principally assisting the Minister administering the Occupational Safety and Health Act 1984 in the administration of that Act; deputy s certificate means a certificate issued under regulation 2.24; district inspector, in relation to a mine, means the district inspector appointed for the area in which the mine is located; exemption means an exemption granted under regulation 1.4 or 1.5; existing mine means a mine in existence immediately before the commencement day; page 2 Version 05-c0-01 As at 20 Jul 2010

27 Preliminary Part 1 r. 1.3 factor of safety, in relation to a rope or other thing, means the ratio of the breaking force or strength of the rope or other thing to the maximum total static force on it including the component of its own weight; first class mine manager s certificate means a certificate issued under regulation 2.21; hazardous substance means any substance defined as a hazardous substance in the National Model Regulations for the Control of Workplace Hazardous Substances; Health Department means the department of the public service principally assisting the Minister administering the Health Act 1911 in the administration of that Act; licensed surveyor has the same meaning as in the Licensed Surveyors Act 1909; magazine means a building, storehouse, structure, or place in which any explosive or blasting agent is kept or stored, whether in or about a mine, and includes detonator storage buildings and buildings containing capped fuses; medical practitioner means a medical practitioner within the meaning of the Medical Act ; National Model Regulations for the Control of Workplace Hazardous Substances means the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC: 1005 (1994)] declared by the NOHSC and published in March 1994; night means the time beginning at sunset and ending at sunrise; NOHSC means the National Occupational Health and Safety Commission established by the National Occupational Health and Safety Commission Act 1985 (Commonwealth) section 6 4 ; ppm means parts per million; quarry manager s certificate means a certificate issued under regulation 2.22; Radiological Council means the Radiological Council established under the Radiation Safety Act 1975; As at 20 Jul 2010 Version 05-c0-01 page 3

28 Part 1 Preliminary r. 1.4 repealed regulations means the Mines Regulation Act Regulations 1976 and the Coal Mines Regulations repealed by regulation 17.2; responsible person, in relation to a mine, means (a) the principal employer at the mine; (b) any other employer at the mine; and (c) the manager of the mine; restricted quarry manager s certificate means a certificate issued under regulation 2.25; senior inspector, in relation to a mine, means the district inspector appointed by the State mining engineer to be the senior inspector responsible for the region in which the mine is located; specified, in relation to a notice, certificate or other instrument, means specified in the notice, certificate or instrument; surface mining operation means any mining operation that is not underground; underground supervisor s certificate means a certificate issued under regulation [Regulation 1.3 amended in Gazette 13 Dec 1996 p. 6932; 29 Feb 2008 p. 685; 21 Jul 2009 p ] [1.3A. Deleted in Gazette 21 Aug 2009 p ] 1.4. Exemption if substantial compliance (1) If a person or a mine does not fully comply with a requirement of these regulations but the State mining engineer is satisfied that there is substantial compliance with the requirement, the State mining engineer may, in writing, exempt the person or mine from the requirement. (2) An exemption may be granted subject to such conditions as the State mining engineer thinks fit and specifies in the exemption. page 4 Version 05-c0-01 As at 20 Jul 2010

29 Preliminary Part 1 r. 1.5 (3) A person having the benefit of the exemption must not contravene a condition of the exemption. (4) The State mining engineer may at any time amend or revoke an exemption granted under this regulation, and if the State mining engineer does so, the State mining engineer must provide written reasons for that amendment or revocation Exemption if compliance unnecessary or impracticable (1) The State mining engineer may, in writing, exempt a person or mine from compliance with a requirement of these regulations if the State mining engineer is satisfied that compliance with the requirement would be unnecessary or impracticable. (2) An exemption may be granted subject to such conditions as the State mining engineer thinks fit and specifies in the exemption. (3) A person having the benefit of the exemption must not contravene a condition of the exemption. (4) The State mining engineer may at any time amend or revoke an exemption granted under this regulation and, if the State mining engineer does so, the State mining engineer must provide written reasons for that amendment or revocation. As at 20 Jul 2010 Version 05-c0-01 page 5

30 Part 2 Administration Division 1 Inspectors r. 2.1 Part 2 Administration Division 1 Inspectors 2.1. Issue of receipt for things taken If an inspector takes and removes a sample of anything under section 21(1)(d) of the Act the inspector must issue a receipt for the thing to the manager of the mine from which the thing was taken unless in the inspector s opinion the thing is of no value or only of nominal value Designation of regions to which employee s inspectors are appointed (1) The State mining engineer may, by notice published in the Gazette, designate (a) the regions for which employee s inspectors are to be appointed; and (b) the number of employee s inspectors who are to be appointed for each region. (2) The State mining engineer may, by further notice published in the Gazette, amend or revoke a notice under this regulation. (3) If the State mining engineer by further notice amends or revokes a notice as provided in subregulation (2), the State mining engineer may provide in that further notice for matters of a transitional nature. (4) Without limiting subregulation (3), the State mining engineer may provide in the notice for the interim representation of any region by an employee s inspector from another region Election of employee s inspectors Schedule 1 has effect with respect to the election of employee s inspectors. page 6 Version 05-c0-01 As at 20 Jul 2010

31 Administration Part 2 Improvement notices, prohibition notices and provisional Division 1A improvement notices 2.4. Performance of employee inspector s functions (1) In this regulation function means a function under the Act. r. 2.4 (2) When performing any function, an employee s inspector is to be under the control and direction of the senior inspector for the region for which the employee s inspector is appointed. (3) An employee s inspector must not perform any function outside the region for which the inspector was appointed except with the approval of the State mining engineer. (4) An employee s inspector who performs any function with respect to safety and health matters at a mine must, with respect to those matters, liaise with any safety and health representative, and safety and health committee, at the mine. [Regulation 2.4 amended in Gazette 19 Jan 1996 p. 237.] Division 1A Improvement notices, prohibition notices and provisional improvement notices [Heading inserted in Gazette 4 Apr 2005 p ] 2.4A. Prescribed requirements for sections 31AK, 31AL and 31BK(1) of the Act (1) In this regulation employee includes a person taken to be an employee by operation of section 15A, 15B or 15C of the Act; notice means an improvement notice, a prohibition notice or a provisional improvement notice, as the case may require. (2) It is a prescribed requirement for sections 31AK, 31AL and 31BK(1) of the Act that the manager of a mine post a notice, or a copy of it, on (a) a notice board at the mine that is conspicuous to and accessible by employees at the mine; or As at 20 Jul 2010 Version 05-c0-01 page 7

32 Part 2 Administration Division 2 Safety and health representatives r. 2.5 (b) 2 or more notice boards at the mine, so long as one of the notice boards is conspicuous to and accessible by any particular employee at the mine. (3) If a notice relates to any plant at or related to a mine and the inspector issuing the notice (a) identifies the plant in the notice; and (b) specifies in the notice that this subregulation applies to it, it is also a prescribed requirement for sections 31AK, 31AL and 31BK(1) of the Act that the manager cause a copy of the notice to be displayed in a conspicuous position on or near the plant. [Regulation 2.4A inserted in Gazette 4 Apr 2005 p ] [2.4B-2.4C. Deleted in Gazette 21 Jul 2009 p ] Division 2 Safety and health representatives [Heading amended in Gazette 19 Jan 1996 p. 237.] 2.5. Prescribed procedure for resolution of disputes (1) The procedure set out in this regulation is prescribed for the purposes of section 70 of the Act in a case where no procedure has been agreed between the manager of the mine and the employers and the employees at the mine as applying in respect of the mine concerned. (2) The employer or manager must arrange to meet with (a) if there is a safety and health representative in respect of the mine concerned, the employees and the safety and health representative; or (b) if there is no safety and health representative in respect of the mine concerned, the employees or a person authorised by the employees to represent them at that meeting. page 8 Version 05-c0-01 As at 20 Jul 2010

33 Administration Part 2 Safety and health representatives Division 2 r. 2.6 (3) The meeting must be held at a time that is as soon after the issue arises as is mutually convenient. [Regulation 2.5 amended in Gazette 19 Jan 1996 p. 237.] 2.6. Introductory courses for safety and health representatives (1) In this regulation introductory course means a course of a kind referred to in subregulation (2)(a) that is accredited as referred to in that provision; transitional course means a course of a kind referred to in subregulation (2)(b) that is accredited as referred to in that provision. (2) This regulation applies if, under section 14(1)(h) of the Occupational Safety and Health Act 1984 (a) a training course is accredited that is designed for safety and health representatives to attend, subject to course availability, during the first year of holding office; or (b) a training course is accredited that is designed to update the knowledge of safety and health representatives who have completed an introductory course. (3) A safety and health representative must, subject to the availability of introductory courses, try to attend an introductory course within the first 12 months of being elected. (4) A safety and health representative who has not previously attended an introductory course may give to his or her employer notice in writing that the representative wishes to attend such a course. (4a) A safety and health representative who has previously attended an introductory course but completed it before March 2005 may, if the representative has not completed a transitional course after February 2005, give to his or her employer notice in As at 20 Jul 2010 Version 05-c0-01 page 9

34 Part 2 Administration Division 2 Safety and health representatives r. 2.6 writing in accordance with subregulation (5) that the representative wishes to attend a transitional course. (5) The notice referred to in subregulation (4) or (4a) must be given, not less than 21 days, or such shorter period as has been agreed between the safety and health representative and the employer, before the course commences. (6) If a safety and health representative has given notice under subregulation (4) or (4a) in respect of a course, the employer must, subject to subregulation (8), permit the representative to take off work, with pay, such time, not exceeding 5 days, as is required for the purpose of attending that course. (7) An employer who has been given notice under subregulation (4) or (4a) in respect of a course may consult with the safety and health representative or the relevant trade union concerning the attendance of the representative at the course and, in those consultations, due regard must be given to the need to minimize any adverse effect on the operation of the business of the employer and the mine. (8) If the employer has consulted under subregulation (7) with the safety and health representative or trade union concerned, the employer may decline to permit attendance at the course as wished but instead permit attendance at the next available course of the same kind that the representative wishes to attend. (9) The pay to which a safety and health representative is entitled in respect of time the representative is permitted to take off work to attend an introductory course or a transitional course must be calculated at the representative s ordinary rate of pay on the time that would ordinarily have been worked had the representative worked his or her scheduled work time (a) including (i) regular over award payments for ordinary hours of work; page 10 Version 05-c0-01 As at 20 Jul 2010

35 Administration Part 2 Safety and health representatives Division 2 r. 2.6 (ii) shift work premiums according to roster or projected roster including Saturday or public holiday shift; (iii) industry allowances; (iv) climatic, regional, and other like allowances; (v) first aid allowances; (vi) tool allowances; (vii) qualification allowances; (viii) service grants made on a regular basis; (ix) experience allowance; and (x) any penalty rates that are paid in relation to actual hours worked or payment of which are guaranteed by a contract of service whether the hours were required to be worked or not; (b) but not including (i) overtime payments (except if they form part of the contract of service); (ii) camping allowances; (iii) travelling allowances; (iv) disability rates such as for confined spaces and dirty work; (v) car allowances; or (vi) meal allowances. (10) Nothing in subregulation (9) excludes an entitlement to additional payments that may be prescribed in an award, order, or industrial agreement that (a) is made by, or registered by, The Western Australian Industrial Relations Commission or the Australian Conciliation and Arbitration Commission; or As at 20 Jul 2010 Version 05-c0-01 page 11

36 Part 2 Administration Division 2 Safety and health representatives r. 2.6A (b) agreed between the employer and the safety and health representative as being applicable. (11) An employer must not, as a result of this regulation, alter the conditions or remuneration of a person who is a safety and health representative to the detriment of that person. (12) Attendance at an introductory course or a transitional course must be regarded as service for the purposes of ascertaining any entitlement under an award. [Regulation 2.6 amended in Gazette 19 Jan 1996 p. 237; 4 Apr 2005 p ] 2.6A. Training courses for qualified representative under section 31BF (1) Each course of training described in subregulation (2) is prescribed for the purposes of the definition of qualified representative in section 31BF. (2) The prescribed courses are (a) a course that was an introductory course, as defined in regulation 2.6(1), and that the safety and health representative completed after February 2005; and (b) a course that was a transitional course, as defined in regulation 2.6(1), and that the safety and health representative completed after February 2005 after having, before March 2005, completed a course that was an introductory course, as defined in regulation 2.6(1). [Regulation 2.6A inserted in Gazette 4 Apr 2005 p ] [2.6B. Deleted in Gazette 21 Jul 2009 p ] page 12 Version 05-c0-01 As at 20 Jul 2010

37 Administration Part 2 Board of Examiners Division 3 r Terms used Division 3 Board of Examiners Subdivision A Preliminary In this Division, unless the contrary intention appears appointed member, in relation to the Board, means a person who is appointed to be a member of the Board; Board means the Board of Examiners. Subdivision B Constitution and proceedings 2.8. Constitution Mine manager s and underground supervisor s certificates When dealing with matters concerning mine manager s and underground supervisor s certificates (other than certificates for underground coal mines), the Board is to consist of (a) the State mining engineer; (b) a senior inspector appointed by the Minister on the nomination of the State mining engineer; (c) the principal of the Western Australian School of Mines; and (d) 2 persons, each of whom must be the holder of a mine manager s certificate, appointed by the Minister on the nomination of the body known as the Chamber of Mines and Energy of Western Australia Inc Constitution Quarry manager s certificate When dealing with matters concerning quarry manager s certificates, the Board is to consist of (a) the State mining engineer; (b) a senior inspector appointed by the Minister on the nomination of the State mining engineer; As at 20 Jul 2010 Version 05-c0-01 page 13

38 Part 2 Administration Division 3 Board of Examiners r (c) (d) an officer of the Department of Technical and Further Education (TAFE) appointed by the Minister on the nomination of the Director of that Department; and 2 persons, each of whom must be the holder of a quarry manager s certificate, appointed by the Minister on the nomination of the body known as the Chamber of Mines and Energy of Western Australia Inc Constitution Underground coal mine certificates When dealing with matters concerning certificates for underground coal mines (other than winding engine driver s certificates), the Board is to consist of (a) the State coal mining engineer; (b) a senior inspector appointed by the Minister on the nomination of the State mining engineer; (c) the principal of the Western Australian School of Mines; and (d) 2 persons, each of whom must be the holder of a mine manager s certificate, appointed by the Minister on the nomination of the body known as the Chamber of Mines and Energy of Western Australia Inc Constitution Winding engine driver s certificate When dealing with matters concerning winding engine driver s certificates, the Board is to consist of (a) the State mining engineer; (b) an officer of the department who is formally qualified as a mechanical engineer appointed by the Minister; and (c) a person appointed by the Minister on the nomination of the body known as the Trades and Labour Council of Western Australia. page 14 Version 05-c0-01 As at 20 Jul 2010

39 Administration Part 2 Board of Examiners Division 3 r Procedure if body fails to nominate (1) If, within 60 days of being requested in writing by the Minister to do so, any body or person referred to in regulation 2.8, 2.9, 2.10 or 2.11 has not made any nomination for appointment required to be made by the body or person under that regulation, the Minister may make the appointment at the Minister s discretion. (2) A person appointed as provided under subregulation (1) is to be taken to have been nominated under the relevant regulation Appointment of members Subject to regulation 2.14, an appointed member of the Board is to hold office for such term, not being more than 3 years, as is specified in the member s instrument of appointment, and may from time to time be reappointed Vacation of office The office of an appointed member of the Board becomes vacant if (a) the member resigns from office by notice in writing given to the Minister; (b) the member s appointment expires or is terminated by the Minister; or (c) any person or body who nominated the member withdraws that nomination by notice in writing given to the Minister Deputies A member of the Board may, with the approval of the chairperson, appoint a deputy to act for the member when the member is unable to attend any meeting of the Board. As at 20 Jul 2010 Version 05-c0-01 page 15